Terms of service

1. Scope of Application/Conclusion of Contract

1.1 Orders are executed exclusively based on the following termsand conditions. Deviating regulations require written confirmation.

1.2 The depiction or description of the goods does notconstitute a legally binding offer but an invitation to submit offers. Theclient makes a binding offer (§ 145 BGB) with their payment obligation order.

1.3 Only the express order confirmation by the contractorconstitutes acceptance of the contract offer (§ 147 BGB).

1.4 In the case of orders with deliveries to third parties, thepurchaser is considered the client unless otherwise expressly agreed.

2. Contractual Content

2.1 The exact scope of the owed service depends on the contractoption chosen by the client.

2.2 Purchase of an original artwork without exclusivity: If theclient chooses to purchase an original artwork without exclusivity, thecontractor owes the handover and transfer of the selected artwork. Thecontractor reserves the reproduction rights to the artwork in a limitededition. Even after the sale is completed, the contractor retains the right tosell up to 30 reproductions of the artwork in various sizes.

2.3 Purchase of an original artwork with exclusivity: If theclient chooses to purchase an original artwork with exclusivity, the contractorowes the handover and transfer of the selected artwork. No additional rights tothe artwork are transferred to the client.

2.4 Purchase of a photograph of the artwork (photographicreproductions): If the client chooses to purchase a reproduction, thecontractor owes the handover and transfer of the selected reproduction.

2.5 Order Processing/Processing of Third-Party Images(Personalized Art): If the client selects the creation of a work as the orderform, the contractor owes the production of the work specified in a separatecontract and the subsequent handover and transfer. Special rights andobligations of the client and the contractor also result from the artistcontract concluded for this purpose. Furthermore, the provisions of thiscontract remain unaffected.

2.6 If, according to the contract's content, the contractor isalso responsible for processing the goods according to specific instructionsfrom the client, the client must provide the contractor with all the necessarycontent, as well as text, images, or graphics in the file formats, formatting,image sizes, and file sizes specified by the contractor and grant the necessaryusage rights.

3. Prices

3.1 The prices stated in the contractor's offer are subject tothe condition that the order data on which the offer is based remain unchanged.The contract is concluded immediately with the price stated therein upon theclient's payment order and receipt of the order confirmation.

3.2 Sketches, drafts, trial typesetting, test prints,proofreading copies, changes to supplied/transmitted data, and similarpreliminary work initiated by the client are charged separately. The sameapplies to data transfers (e.g., via ISDN).

3.3 The contractor's prices are in Euros and include the priceof the work, as well as shipping costs within Germany and the statutoryvalue-added tax. For deliveries outside of Germany, the client must inquireabout and pay the shipping costs separately.

3.4 If customs duties are applicable, the client bears thesecosts. Additionally, when importing goods into countries outside of the EU,import duties may apply. These vary in different customs territories and arethe client's responsibility. Import duties are not considered shipping costs.

4. Payment

4.1 Payment must be made immediately upon receipt of theinvoice, without any deduction. The invoice is issued on the day of delivery,partial delivery, or readiness for delivery (obligation to pick up, acceptancedefault). The client can choose between payment methods via PayPal, Klarna, orcredit/debit card.

4.2 In case of extraordinary advance services, an appropriateadvance payment may be requested.

4.3 The client can only set off with an undisputed or legallyestablished claim or exercise a right of retention.

4.4 If the fulfillment of the payment claim is endangered due toa substantial deterioration in the client's financial circumstances thatbecomes known after the conclusion of the contract, the contractor can requestan advance payment, withhold undelivered goods, and suspend further work. Thecontractor also has these rights if the client is in default of payment fordeliveries based on the same legal relationship. In case of payment default,default interest of 7% above the respective base interest rate is payable, aspublished by the Deutsche Bundesbank in accordance with the Discount RateTransition Act. This does not exclude the assertion of further default damages.

5. Delivery

5.1 If the goods are sent to the client at their request, therisk of accidental loss or deterioration of the goods passes to the client upondispatch to the client or, at the latest, when the goods leave thefactory/warehouse. This applies regardless of whether the shipment of the goodstakes place from the place of performance or who bears the freight costs.

5.2 Delivery dates are valid only if explicitly confirmed by thecontractor. If the contract is concluded in writing, the confirmation of thedelivery date must also be in writing.

5.3 If the contractor is in default, a reasonable grace periodmust be granted. After the fruitless expiration of the grace period, the clientcan withdraw from the contract. § 361 BGB remains unaffected.

5.4 Operational disruptions – both in the contractor's operationand in that of a supplier – such as strikes, lockouts, pandemics, as well asall other cases of force majeure, only entitle termination of the contract ifthe client can no longer reasonably be expected to wait, otherwise, the agreeddelivery period is extended by the duration of the delay. Termination is onlypossible four weeks after the occurrence of the above-mentioned operationaldisruption. The contractor is not liable in these cases.

5.5 In commercial transactions, the contractor has a right ofretention according to § 369 HGB (German Commercial Code) for print andstamping templates, manuscripts, raw materials, and other items supplied by theclient until all due claims from the business relationship have been settled.

6. Reservation of Ownership

6.1 The delivered goods remain the property of the contractoruntil full payment is received.

6.2 The following regulation applies only in commercialtransactions: The delivered goods remain the property of the contractor untilfull payment of all claims existing at the time of invoicing against theclient. The client is only entitled to resell the goods in the ordinary courseof business. The client hereby assigns their claims from the resale to thecontractor. The contractor hereby accepts the assignment. In case of default,the client is obliged to name the debtor of the assigned claim. If the value ofthe existing securities for the contractor exceeds their total claim by morethan 20%, the contractor is obligated, at the request of the client or a thirdparty impaired by the over-collateralization of the contractor, to releasesecurities to that extent, at the discretion of the contractor.

6.3 In the case of processing or modification of goods suppliedby the contractor and owned by the contractor, the contractor is considered themanufacturer in accordance with § 950 BGB (German Civil Code) and retainsownership of the products at all times during processing. If third parties areinvolved in the processing or modification, the contractor is limited to aco-ownership share in the value of the reserved goods. The property acquired inthis way is considered reserved property.

7. Complaints/Warranties

7.1 Obvious defects must be reported immediately upon deliveryof the goods, hidden defects within 7 days of discovery in writing. If a defectis not reported within the statutory period, the warranty claims expire. Theclient must give the contractor the opportunity to verify the reported defects.Defects that cannot be found upon immediate examination must be reported withinthe statutory warranty period.

7.2 In the case of justified complaints, the contractor isobligated, at their discretion and to the exclusion of other claims, to rectifyand/or replace the goods. In the case of delayed, omitted, or unsuccessfulrectification or replacement, the client can demand a reduction in remuneration(reduction) or rescission of the contract (withdrawal). Defects in part of thedelivered goods do not entitle to a complaint regarding the entire delivery,unless the partial delivery is of no interest to the client.

7.3 In the case of color reproductions in all productionmethods, minor deviations from the original cannot be objected to. The sameapplies to comparisons between other templates (e.g., digital proofs, proofs)and the final product.

7.4 For deviations in the quality of the materials used, thecontractor is only liable up to the amount of the order value. Deviations thatarise because the images are exposed to sunlight are inherent to the nature ofthe product and do not constitute a defect or warranty claims.

8. Right of Withdrawal

8.1 The client has the right to withdraw from this contractwithin 14 days without giving any reason. The withdrawal period is 14 days fromthe day on which the client or a third party designated by the client, who isnot the carrier, takes possession of the last goods.

8.2 To exercise the right of withdrawal, the client must informNOTRA Media Art (Nikolausstr. 35, 50259 Pulheim, Telephone +49-221-25943382,Mobile: +49-176-20624141, Email: nadine.orth@notra-media-art.com) oftheir decision to withdraw from the contract by means of a clear statement(e.g., a letter sent by post, fax, or email).

8.3 If the client withdraws from the contract, the contractorshall reimburse all payments received from them, including the delivery costs,without undue delay and in any event not later than 14 days from the day onwhich the client informs the contractor of the withdrawal. However, thecontractor will not reimburse additional costs incurred if the client hasexpressly chosen a type of delivery other than the offered, cheaper standarddelivery. The same payment method used for the original transaction will beused for the refund, unless expressly agreed otherwise.

8.4 The client must return or hand over the goods to NOTRA MediaArt without undue delay and in any event not later than 14 days from the day onwhich they communicate their withdrawal from the contract. The deadline is metif the goods are sent back before the period of 14 days has expired.

8.5 The reimbursement of the purchase price can be refused untilthe goods are returned to the contractor or until the client has provided proofthat they have returned the goods, whichever is earlier. The proof of returnmust include the recipient, the return date, and the tracking number of thepackage.

8.6 The client shall bear the direct costs of returning thegoods.

8.7 The client is responsible for any diminished value of thegoods resulting from the handling other than what is necessary to establish thenature, characteristics, and functioning of the goods.8.8 The right of withdrawal is excluded according to § 312 g (2)No. 1 BGB for orders that include the delivery of goods that have beencustomized to the client's needs and processed/modified according to theclient's specifications. Therefore, the right of withdrawal is excluded whenentering into a contract with the content of this agreement after 2.5.

9. Liability

9.1 The contractor is only liable for damages caused byintentional or grossly negligent conduct, as well as for the breach of materialcontractual obligations, insofar as the achievement of the purpose of thecontract is jeopardized, for the absence of guaranteed characteristics, and incases of mandatory liability under the Product Liability Act. In the case ofnegligent breach of material contractual obligations, liability is limited tocontract-typical, foreseeable damages.

9.2 The same principles apply to the liability of thecontractor's vicarious agents.

9.3 If claims for damages are asserted, they must be filed incourt within four months after the contractor's written rejection. Later claimsare excluded, unless a procedure for securing evidence has been initiated. Thisdoes not apply to claims arising from the violation of life, body, or health,or due to damages caused by gross negligence or intent.

10. Trade Practices

10.1 In commercial transactions, the trade practices of theprinting industry apply (e.g., no obligation to hand over intermediate productssuch as data, lithographs, or printing plates created for the production of thefinal product), unless a different order has been issued.

11. Archiving

11.1 Products belonging to the client, especially data and datacarriers, are archived beyond the time of handover of the final product to thecontractor or their agents, only upon explicit agreement and for specialcompensation. If the aforementioned items are to be insured, the client mustarrange for this themselves in the absence of an agreement.

12. Copyrights

12.1 The client is solely responsible for the content of theimage files provided for processing or the rights to the works provided forprocessing. They must ensure that they have the necessary copyright, trademark,or other rights for the image files transmitted to the contractor and theauthorized use corresponding to the order placed for the processing, use, andmodification of the image files transmitted or works provided.

12.2 The client is obligated to indemnify the contractor fromany legitimate claims made by third parties due to the violation of theirrights resulting from the order corresponding processing, use, and modificationof the transmitted image files or provided works.

13. Place of Performance,Jurisdiction, Effectiveness, Severability Clause

13.1 Place of performance and jurisdiction, if the client is amerchant within the meaning of the HGB or has no general place of jurisdictionin Germany, for all disputes arising from the contractual relationship,including check, bill of exchange, and document proceedings, is the registeredoffice of the contractor. German law applies to the contractual relationship.The UN Convention on Contracts for the International Sale of Goods is excluded.

13.2 The invalidity of one or more provisions does not affectthe validity of the remaining provisions.